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Feature:
Wednesday July 6
2005
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SIGNIFICANT CONCERNS
FOR VULNERABLE DETAINEES
prisons inspector catalogues Harmondsworth failings
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Chief Inspector of Prisons Anne Owers Report
on an unannounced inspection of Harmondsworth Immigration
Removal Centre is another damning indictment of the
brutal system of detention centres for refugees.
Owers last inspected Harmondsworth in September 2000, though
there have been some improvements, 44 of the recommendations
she made in that report have been ignored and a further 24
only partly achieved.
Approximately 12,000 detainees move in and out of Harmondsworth
each year.
At the time of the report the centre held 476 persons, the
highest number of detainees by nationality were Nigerians
58, Jamaicans 46, and Turkish 44.
Thirty-three per cent of the detainees were Muslim the rest
were of various Christian denominations, Sikh, Buddhist, Roman
Catholic, Orthodox, Hindu, five per cent professed no religion.
The National Coalition of Anti-Deportation Campaigns has highlighted
extracts from the report.
Unannounced Inspection of Harmondsworth Immigration
Removal Centre.
In it Owers says that we were mindful that detainees
were not held because they had been charged with a criminal
offence and had not been detained through normal judicial
processes.
She adds: Harmondsworth will continue to be a difficult
environment to manage safely: holding a large and transient
population, some with little to lose or much to fear.
Owers says: We had significant concerns about whether
vulnerable detainees who spoke little or no English were being
identified and given support. . .
Detainees had difficulties in accessing legal advice,
which reflected the serious shortage of specialist independent
legal representatives now undertaking legal aid work.
. . . Those detainees involved in the fast-track process
were particularly vulnerable due to the speed of the process,
the possibility of case-working errors and a lack of support.
. . . . The regime in the segregation unit was impoverished
. . . Although detainees were given written reasons for their
segregation it was in English only.
. . . Detainees did not have direct access to racist
incident complaints forms. When these were submitted, they
were not logged or investigated by suitably trained staff.
. . . Detainees had to apply for general complaint forms
from staff, which impeded their access to the formal grievance
system. The monitoring of the quality of replies was unsatisfactory.
. . . The testing for infectious diseases was inadequate,
and the provision of a regime for mental health inpatients
was poor.
. . . As with other immigration removal centres, little
was done to prepare detainees for transfer, removal from the
country or release.
. . . A document, agreed with the local police, outlined
basic procedures in the event of criminal allegations involving
detainees or staff. However, there was no joint protocol covering
assault allegations involving other agencies, as recommended
in the full inspection.
Owers was concerned that: Most detainees had been detained
unexpectedly, and many had been held initially in police stations,
in poor conditions, and were unable to receive visits or have
easy access to a telephone.
Owers stressed: The absence of legal advice was a prime
concern for detainees.
She added: Monthly reviews were frequently late, arriving
only when prompted by on-site immigration officers.
They were frequently repetitive, adding nothing to the
previous months review to demonstrate that casework
had been progressed, or that all factors relevant to continued
detention had been balanced. Those we saw were in English
only.
Revealing more of the humiliation asylum seekers are subjected
to, Owers says: Detainees at Harmondsworth were often
escorted to their embassies or consulates in London to progress
travel documents for removal.
This involved the detainee walking along a busy London
street, from parking space to embassy, handcuffed to an escort
who released them to the consular official inside the building.
They were again handcuffed to return.
Foreign embassies were not listed on the Immigration
(Places of Detention) Direction, issued in accordance with
the 1971 Immigration Act, schedule 2, paragraph 18.
Rule 8 of the Detention Centre Rules required that,
outside of detention centres, detainees should remain in the
custody of an appointed officer.
Owers stresses: Detainees should not be deposited at
foreign diplomatic offices where care and protection cannot
be guaranteed.
She notes: All the detainees we saw in the segregation
unit had been given written reasons for detention in English,
(Detainees should be given written reasons for their segregation
in a language they understand.)
. . . Incidents of self-harm were not presented or discussed
at any suicide prevention meetings.
We were told that they were discussed at daily operational
managers meetings instead.
However, these meetings were not multi-agency forums
with a focus on suicide prevention issues, and could not assist
staff to understand and improve shortcomings in practice and
procedures.
. . . One member of staff said that if a detainee who
did not speak English was distressed, they used sign language
and continued speaking in English even if he did not understand.
. . . Staff should be trained to help detainees overcome
the impact of detention in a foreign country, and be informed
about the economic and political conditions in detainees
home countries.
There was no access to an independent ombudsman.
There was no specific racist incident reporting or investigation
system.
Although some complaints may have been identified as
involving racist incidents, this was not effective.
Owers said: A document outlined basic procedures, agreed
with the local police, in the event of any incident in the
centre involving detainees or staff.
It stated that UKDS (United Kingdom Detention Service)
staff should ask detainees if they wished for police to be
called in the event of them making a criminal allegation.
This document had been drawn up by centre managers and
did not affect the contract monitors duty under detention
centre rules to investigate complaints against staff.
The chief immigration officer told us that removals
were always deferred pending police investigations.
However, there was no joint protocol detailing the responsibilities
of other agencies and no explicit focus on allegations of
assault.
. . . Most of the detainees in the departure area were
being removed from the country, rather than transferred to
another centre.
Reception staff kept some information on other centres
for detainees to look at before departure, but there was no
evidence that detainees were given written reasons for transfer.
Neither reception staff nor the detainees in the departure
unit had seen such a document.
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